Utah Code 53C-2-301. Illegal activities on trust lands — Penalties
Current as of: 2024 | Check for updates
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(1) A person is liable for the civil damages prescribed in Subsection (2) and is guilty of a criminal offense specified in Subsection (4) if the person intentionally, knowingly, or recklessly, and without written authorization from the director:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 53C-2-301
- Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Mineral: includes oil, gas, and hydrocarbons. See Utah Code 53C-1-103
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
(8)(a) the state's public education system; or(8)(b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103(1)(a) removes, extracts, uses, consumes, or destroys a mineral resource, gravel, sand, soil, vegetation, water resource, or improvement on trust lands;(1)(b) grazes livestock on trust lands;(1)(c) uses, occupies, or constructs improvements or structures on trust lands;(1)(d) uses or occupies trust lands for more than 30 days after the cancellation or expiration of written authorization;(1)(e) knowingly and willfully uses trust lands for commercial gain;(1)(f) appropriates, alters, injures, or destroys an improvement or historical, prehistorical, archaeological, or paleontological resource on trust lands;(1)(g) trespasses upon, uses, commits waste, dumps refuse, or occupies trust land;(1)(h) interferes with the activities of an employee or agent of the administration on trust lands; or(1)(i) interferes with activities of a lessee or other person that have been authorized by the administration, whether or not the trust land has been withdrawn from occupancy or use pursuant to Subsection 53C-2-105(1)(b).(2) A person who commits an act described in Subsection (1) is liable for damages in the amount of whichever of the following is greatest:(2)(a) three times the value at the point of sale of the mineral or other resource removed, destroyed, or extracted;(2)(b) three times the amount of damage committed;(2)(c) three times the cost to cure the damage;(2)(d) three times the value of any losses suffered as a result of interference with authorized activities; or(2)(e) three times the consideration which would have been charged by the director for use of the land during the period of trespass.(3) In addition to the damages described in Subsection (2), a person found guilty of a criminal act under Subsection (1) is subject to the penalties provided in Title 76, Chapter 3, Punishments, as specified in Subsection (4).(4) A violation of this section is a:(4)(a) second degree felony if the actor’s conduct causes property injury or damage, or pecuniary loss equal to or in excess of $5,000 in value;(4)(b) third degree felony if the actor’s conduct causes property injury or damage, or pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;(4)(c) class A misdemeanor if the actor’s conduct causes property injury or damage, or pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and(4)(d) class B misdemeanor if the actor’s conduct causes property injury or damage, or pecuniary loss less than $500 in value.(5) The director shall deposit money collected under this section in the fund in which like revenues from that land would be deposited.(6) The director may award a portion of any of the damages collected under this section in excess of actual damages to the general fund of the county in which the trespass occurred as a reward for county assistance in the apprehension and prosecution of the trespassing party.